Journal articles on the topic 'Lawyers – United States – Juvenile literature'

What is the role of a government attorney who represents a government agency on judicial review? Most academic literature in the United States (US) advocates the ‘hired gun’ model in which the role of the government lawyer is no different from that of a lawyer who represents a private client (although some academics and government lawyers disagree). The prevailing view in Israel is that government lawyers are ‘ministers of justice’, who owe a primary obligation to the public interest rather than to the client agency. This difference is attributable both to fundamental differences in legal culture between the US and Israel as well as to unique features of the Israeli system of judicial review.

Incarcerated youth in the United States face many barriers to literacy learning. This paper collects and analyzes research on literacy programs in juvenile correctional facilities. The review of literature reveals a troubled institution lacking resources and clear solutions. Few articles deeply consider students’ cultures, literacy identities, and voices. This discovery suggests that new approaches to research of incarcerated youth’s literacy learning are needed. The paper calls for research that investigates and observes how literacy identities of incarcerated youth can be utilized to increase literacy learning both within and outside the correctional facility. The author further suggests that this goal could best be achieved by considering the theoretical frameworks of Bakhtin, Freire, and Peck, Flower, and Higgins.

Juvenile curfew statutes are used in hundreds of cities across the United States to prevent juvenile offending and victimization. In spite of their popularity, there is disagreement in the existing literature as to whether juvenile curfews are truly effective. The current study assesses the effectiveness of a change in the juvenile curfew statutes in Baltimore, MD. Data consist of police arrest records for the months preceding and following the curfew change. Regression analyses address both change in arrest totals and change in the ratio of youth to adult arrests and the ratio of arrests within curfew hours to outside of curfew hours. Results indicate an increase in the ratio of youth to adult arrests during curfew hours. However, arrest totals were decreasing overall at the time of the curfew change. Implications for further investigation are discussed.

Abstract Objective: To investigate how mental health is understood and approached in the attention models of detention centers for the convicted underage population in Argentina, Colombia, United States and Canada. Methodology: A literature search was conducted using the following key words: adolescence, mental health, juvenile justice, juvenile delinquency, risk factors, and interventions. Searches were done through the search engine Pubmed. Additionally, public institution websites for each country were consulted. Conclusions: Juvenile delinquency is now understood as a multi-factorial phenomenon with multiple areas of intervention within which economic, domestic and social factors are considered relevant, since these favor the development of criminal behavior. A similarity was found between Colombian and Argentinian systems; both are based on restorative justice that seeks reparation and not punishment; which is why there are no punitive measures. When comparing Canada and the United States, it can be seen that Canada is more similar to Latin-American countries than to the United States, given that the latter uses punitive measures focused on the offender.

Purpose The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wish to pay for their legal fees with proceeds of their criminal activities. The paper analyses the legal position of Namibia and Zimbabwe on such tainted fees and proceeds to compare with the different position taken by the United States. Design/methodology/approach The paper adopts a desk research methodology with reliance on various sources such as statutory laws, case laws, books, journal articles and the internet. Its scope is limited to issue and content analysis relating to the use of dirty money as legal fees. Findings The paper shows that lawyers become launderers when they accept dirty money as legal fees with knowledge or suspicion of its origins. It concludes that the prohibition of dirty money as legal fees is important in the fight against economic crime in Namibia and Zimbabwe. Even though it is decriminalised in the USA, the continuous prosecution of lawyers for tainted fees shows that state authorities are aware of the dangers of tainted legal fees. Originality/value This paper adds to the few available literature on dirty money and legal fees. It provides sound reasons why prohibition of tainted attorneys’ fees adds muscle to the fight against economic crime. No prior literature is available on tainted legal fees in Namibia and Zimbabwe specifically.

While there is ample research examining the short- and long-term effects of juvenile incarceration (broadly defined), less is known about the specific consequences of the most common form of youth incarceration, juvenile detention. We conducted a Rapid Evidence Review (RER), limiting our search to the past 10 years to include studies that captured modern juvenile justice practices, to assess the body of literature evaluating the effects of juvenile detention on youth outcomes. Our initial search yielded over 1,800 articles, but only three ultimately met criteria for inclusion in our review. We conclude that there is a profound lack of research regarding the consequences of juvenile detention, an issue that affects a large number of youth in the United States.

Abstract This article discusses the important role that juvenile literature played in creating America’s frontier mythos. It argues that children were a crucial audience for adult authors seeking to justify and normalize settler colonial policies. But, more importantly, young people themselves were active participants in the perpetuation of a popular culture that glorified westward expansion and the eradication of Indigenous peoples. In acknowledging as much, we arrive at a richer understanding of the important intersections between western history and the history of childhood in the United States.

The United States is one of the few nations that permits the execution of offenders for murders committed while under the age of 18. The juvenile death penalty has received considerable media and public attention both nationally and internationally. Yet despite the extensive literature on public attitudes toward the death penalty, little research exists on public attitudes toward the juvenile death penalty. This article examines attitudes toward this penalty, using data collected in a telephone survey of two midwestern cities. A substantial majority of those surveyed opposed the death penalty for juveniles above the age of 14 convicted of murder. The implications of these findings are discussed.

Abstract Guantánamo as a site whose legal contortions and human rights abuses have global reach and urgency has long been the focus of the many scholars, lawyers, and activists who have fought to keep its detention centers in the public eye. And yet, alongside advocates who have insisted on the site’s urgent moral ties to the United States, Europe, the Middle East, and the international community broadly defined—and in defiance of both a US war on “terror” and a Cuban war on “imperialism”—there have persisted smaller-scale gestures aimed at situating the Guantánamo naval base as geographically continuous with, and affectively connected to, Cuba. This article reads the poetry of Mohammed el Gharani and Ibrahim al-Rubaish, former detainees included in Marc Falkoff’s collection Poems from Guantánamo: The Detainees Speak, and of José Ramón Sánchez, longtime resident of the Cuban city of Guantánamo, as a form of regional literature produced on contested ground. It proposes that, when read across the dividing line and between languages, poetry presents a more intimate and locally specific Guantánamo than the widely known version.

While the social movements literature has increasingly incorporated sociospatial categories into its conceptual toolkit, this article argues that tracing the concrete ways in which a particular category—"scale"—is mobilized as a stake of political debate helps us refine its workings in practice. Integrating research on the co-constitutive nature of law and political action, this article traces how efforts to pass antipredatory home lending legislation in the United States during the 1990s and 2000s resulted in a rescaled home-lending legal regime. Using judicial and regulatory documents, media accounts, and publications by advocates, government actors, lawyers and the financial industry, I analyze the mechanisms through which this occurred. Debates about federalism, home rule, and preemption illustrate that involved parties attempted to "fix" a legal regime scaled according to their organizational strengths. Finally, this case illustrates how discourses around globalization and economic rationality inform the trajectory of legal debates.

To public international lawyers “Lockerbie” is more than likely to evoke the cases which Libya brought in the International Court of Justice in 1992 against the United Kingdom1 and the United States under the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971.2 The issues raised by the cases have spawned a huge literature. But, in truth, the ICJ proceedings have never been at the centre of, what might be called, the Lockerbie affair. Although they raise important constitutional issues for the United Nations, in terms of the crime committed—the sabotage of the Boeing 747 airliner on flight PA103 which exploded over Lockerbie in Scotland on 21 December 1988 killing 270 people—the ICJ proceedings have never been more than a sideshow; or as that word was once, aptly for the present case, denned in The Times crossword, an incidental skirmish. The real story is how international action, and in particular the ingenious use of international law, was successful in achieving the appearance of the accused for trial before a Scottish court sitting in the Netherlands. This example of what can be achieved in the cause of justice by legal inventiveness, imaginative diplomacy and sheer persistence, should be properly recorded.

COVID-19 mitigation efforts resulted in many schools making the transition to online and remote instruction. Juvenile delinquents, as a group, attained lower academic achievement before the pandemic, and little was known how juvenile delinquents’ education fared after schools ceased face-to-face instruction. Using a mixed methods approach, three steps were conducted to analyze the education of juvenile delinquents in the United States: a qualitative literature review, a grounded theory study of teachers’ concerns in traditional schools, and an instrumental case study of juvenile delinquents’ enrollment during COVID-19. Researchers and experts recommended the development of a community online and in remote instruction, but most teachers felt overwhelmed and unable to rise to the challenge. Juvenile delinquents responded by most students disappearing from school attendance rolls. A grand theme, to shift the nature of online learning, is offered based upon the convergence of the research findings. A theory of humanistic schooling online, centered on a community of learners with the dimensions of academics, physical health, social, and attention to the individual, offers to radically transform practices and past recommendations.

Although juvenile sex offenders (JSOs) are a pressing topic among researchers and juvenile justice practitioners, empirically driven typologies of JSOs using U.S. data are lacking. Here, we develop the first statistical typology of male and female JSOs using data from the United States selected from a sample of 4,143 JSOs referred to the Florida Department of Juvenile Justice. Significant predictors of juvenile sex offending (age of criminal onset, criminal history, impulsivity, empathy, depression, psychosis, and childhood sexual abuse) derived from the literature were used as grouping covariates to develop a profile of male and female JSOs using a latent class analysis (LCA). Results of the LCA show four unique subtypes of male JSOs and two subtypes of female JSOs exist within the data. These groups had differential compositions for key features such as criminal history and onset, psychopathologies, empathy and impulsivity, and sexual abuse victimization. These differences may be critical toward developing more tailored and effective correctional and treatment responses that balance containment and therapeutic approaches depending on the individual needs of the JSOs based upon their profile. Other practical and theoretical implications of these findings are discussed.

AbstractEconomists have increasingly become involved in trade remedy and litigation matters that call for economic interpretation or quantification. The literature on the use of econometric methods in response to legal requirements of trade policy is rather limited. This article contributes to filling this gap by demonstrating the efficacy of using a simple ‘probabilistic’ model in analyzing the ‘likelihood’ of injury to the local industry concerned, following a finding of continuation or recurrence of dumping (or countervailable subsidies). The legal concept of ‘likelihood’ is not only particularly well-suited to illustrate the systemic need for trade lawyers and economists to cooperate. It is also of imminent practical relevance with a groundswell of ‘sunset’ reviews looming on the horizon. We discuss the significance of economic analysis for trade remedy investigations by reviewing the literature, the applicable WTO rules, and, in particular, the pertinent case law. The potential value of probabilistic simulations for ‘likelihood’ determinations is exemplified using a real-world application. Using data from past United States International Trade Commission investigations, we find that a probabilistic model that takes account of the uncertainty surrounding economic parameters reduces the risk of misjudging the effect on the domestic industry of a termination of trade remedies.

Abstract The generally accepted belief about the rule prohibiting recourse to legislative history as an aid to statutory interpretation is that it began in the case of Millar v.Taylor in 1769, and it was followed thereafter in England and throughout the United States through to the 20th century. However, all four judges on the panel in Millar v.Taylor considered evidence from the Journal of the House of Commons and changes made to the relevant bill in their opinions. Meanwhile, the case was widely cited for several substantive and procedural matters throughout the 19th century, but it was not cited by a judge as a precedent for the rule against legislative history until 1887. A careful examination of the relevant cases and secondary literature from the 18th and 19th centuries reveals a much more nuanced and complex history to the rule. Its emergence becomes less clear because it is shrouded in judicial silence. Its beginnings must be inferred from a general and often unarticulated principle that lawyers felt free to disregard. Furthermore, the development, refinement, and decline of the rule followed a different timeline in England, the US federal courts and the state courts.

The appropriate use of seclusion and restraint (S/R) is an important issue among juvenile justice professionals. Recent newspaper articles have brought the issue to the attention of the United States Senate, law enforcement agencies, and the general public. The result has been a series of investigations and publications by the Senate, law enforcement, and professional associations. Despite the attention this issue has received, professionals have yet to reach a definitive agreement as to what recent legislation and the professional and popular literature regarding the use of S/R. They identify major issues currently under discussion, highlight areas of consensus, and enumerate several dimensions that require further exploration. Finally, the authors discuss the implications of S/R for social work practitioners, including the importance of education and training, monitoring, hiring, policy advocacy, and ongoin research.

Abstract The eastern elliptio Elliptio complanata is a common, abundant, and ecologically important freshwater mussel that occurs throughout the Atlantic Slope drainage in the United States and Canada. Previous research has shown E. complanata glochidia to be host fish generalists, parasitizing yellow perch Perca flavescens, banded killifish Fundulus diaphanus, banded sculpin Cottus carolinae, and seven centrarchid species. Past laboratory studies have been conducted in the Midwest; however, glochidia used in these studies were obtained from adult mussels in the Great Lakes or St. Lawrence River basins, or glochidia sources were not reported. The objective of this study was to identify host fishes for E. complanata from streams in the Mid-Atlantic region. We used artificial laboratory infections to test host suitability of 38 fish and 2 amphibian species with E. complanata glochidia from the Chesapeake Bay drainage. Glochidia successfully metamorphosed into juvenile mussels on five fish species: American eel Anguilla rostrata, brook trout Salvelinus fontinalis, lake trout Salvelinus namaycush, mottled sculpin Cottus bairdii, and slimy sculpin Cottus cognatus. American eel was the most effective host, yielding the highest overall metamorphosis success (percentage of attached glochidia that transformed into juvenile mussels; ≥0.90) and producing 13.2 juveniles per fish overall. No juvenile E. complanata metamorphosed on other fish or amphibian species tested, including many previously identified host fishes that appear in the literature. Reasons for discrepancies in published host fish could include geographic variation in host use across the species' range, differences in host use between lentic and lotic populations, or poorly resolved taxonomy within the genus Elliptio.

Objective.To conduct a systematic review and quality appraisal of quality measures for inflammatory arthritis, including rheumatoid arthritis (RA), spondyloarthritis, psoriatic arthritis (PsA), and juvenile idiopathic arthritis (JIA).Methods.Embase, MEDLINE, and Cumulative Index to Nursing and Allied Health Literature (CINAHL) were searched from January 1, 2000, to October 23, 2016, using Medical Subject Headings terms for inflammatory arthritis and quality measures. A “grey literature” search of international arthritis organizations and quality measure libraries was also conducted. Two reviewers independently considered the papers for inclusion, with disagreements resolved by consensus. A modified guideline appraisal tool (AGREE II) was used to appraise the measure development process, which determined final inclusion. Measures were abstracted in duplicate and categorized into themes, measure type, and domains of quality.Results.Thirteen measurement sets were included from 4 countries (United States, Canada, United Kingdom, Netherlands) and 1 European consortium. They included 10 sets on RA and 1 each for PsA, inflammatory arthritis, and JIA. There were 161 unique individual measures (136 process, 20 structure, and 5 outcome). Major themes included assessment, medications, and comorbidities. Measure development methods were varied, including RAND/University of California, Los Angeles appropriateness methodology, prioritization exercises, or other modified-Delphi methods. Inclusion of patients occurred in 77% of development groups. Discussion of barriers to measurement was infrequent.Conclusion.Inflammatory arthritis quality measures cover a diversity of themes encompassing process, structure, and outcomes of care across the 6 domains of quality. However, between organizations, measure development is not standardized. Local assessment of measurement feasibility before use outside the original development context is recommended.

Objective.The current Juvenile Idiopathic Arthritis (JIA) Core Set was developed in 1997 to identify the outcome measures to be used in JIA clinical trials using statistical and consensus-based techniques, but without patient involvement. The importance of patient/parent input into the research process has increasingly been recognized over the years. An Outcome Measures in Rheumatology (OMERACT) JIA Core Set Working Group was formed to determine whether the outcome domains of the current core set are relevant to those involved or whether the core set domains should be revised.Methods.Twenty-four people from the United States, Canada, Australia, and Europe, including patient partners, formed the working group. Guided by the OMERACT Filter 2.0 process, we performed (1) a systematic literature review of outcome domains, (2) a Web-based survey (142 patients, 343 parents), (3) an idea-generation study (120 parents), (4) 4 online discussion boards (24 patients, 20 parents), and (5) a Special Interest Group (SIG) activity at the OMERACT 13 (2016) meeting.Results.A MEDLINE search of outcome domains used in studies of JIA yielded 5956 citations, of which 729 citations underwent full-text review, and identified additional domains to those included in the current JIA Core Set. Qualitative studies on the effect of JIA identified multiple additional domains, including pain and participation. Twenty-one participants in the SIG achieved consensus on the need to revise the entire JIA Core Set.Conclusion.The results of qualitative studies and literature review support the need to expand the JIA Core Set, considering, among other things, additional patient/parent-centered outcomes, clinical data, and imaging data.

Objective.The current Juvenile Idiopathic Arthritis (JIA) Core Set used in randomized controlled trials (RCT) and longitudinal observational studies (LOS) was developed without the input of patients/parents. At the Outcome Measures in Rheumatology (OMERACT) 2016, a special interest group voted to reconsider the core set, incorporating broader input. We describe subsequent work culminating in an OMERACT 2018 plenary and consensus voting.Methods.Candidate domains were identified through literature review, qualitative surveys, and online discussion boards (ODB) held with patients with JIA and parents in Australia, Italy, and the United States. A Delphi process with parents, patients, healthcare providers, researchers, and regulators served to edit the domain list and prioritize candidate domains. After the presentation of results, OMERACT workshop participants voted, with consensus set at > 70%.Results.Participants in ODB were 53 patients with JIA (ages 15–24 yrs) and 55 parents. Three rounds of Delphi considering 27 domains were completed by 190 (response rate 85%), 201 (84%), and 182 (77%) people, respectively, from 50 countries. There was discordance noted between domains prioritized by patients/parents compared to others. OMERACT conference voting approved domains for JIA RCT and LOS with 83% endorsement. Mandatory domains are pain, joint inflammatory signs, activity limitation/physical function, patient’s perception of disease activity (overall well-being), and adverse events. Mandatory in specific circumstances: inflammation/other features relevant to specific JIA categories.Conclusion.Following the OMERACT methodology, we developed an updated JIA Core Domain Set. Next steps are to identify and systematically evaluate best outcome measures for these domains.

Abstract Survival and reproduction directly affect population growth rate (λ), making λ a fundamental parameter for assessing habitat quality. We used field data, literature review, and a computer simulation to predict annual productivity and λ for several species of landbirds breeding in floodplain and upland forests in the Midwestern United States. We monitored 1735 nests of 27 species; 760 nests were in the uplands and 975 were in the floodplain. Each type of forest habitat (upland and floodplain) was a source habitat for some species. Despite a relatively low proportion of regional forest cover, the majority of species had stable or increasing populations in all or some habitats, including six species of conservation concern. In our search for a simple analog for λ, we found that only adult apparent survival, juvenile survival, and annual productivity were correlated with λ; daily nest survival and relative abundance estimated from point counts were not. Survival and annual productivity are among the most costly demographic parameters to measure and there does not seem to be a low-cost alternative. In addition, our literature search revealed that the demographic parameters needed to model annual productivity and λ were unavailable for several species. More collective effort across North America is needed to fill the gaps in our knowledge of demographic parameters necessary to model both annual productivity and λ. Managers can use habitat-specific predictions of annual productivity to compare habitat quality among species and habitats for purposes of evaluating management plans.

The commercial sexual exploitation of children (CSEC) and domestic minor sex trafficking (DMST) occur across the United States, violating the rights and health of far too many children and youth. Adequate prevention efforts should seek to understand the factors that make minors vulnerable to sexual exploitation in order to properly design programs to prevent victimization. This review presents the identified risk factors collected via a systematic literature review. Following full-text review, 15 studies were selected for inclusion by meeting the following criteria: original quantitative or qualitative research studies published in English from January 2010 to September 2017 with titles or abstracts that indicated a focus on the risk factors, vulnerabilities, or statistics of CSEC/DMST and a domestic focus on CSEC/DMST (for U.S.-based journals) with findings that did not combine associations between minors and adults in the study. Relevant risk factors and vulnerabilities found in this review include child abuse and maltreatment, caregiver strain, running away or being thrown away, substance use, peer influence, witnessing family violence or criminality, poverty or material need, difficulty in school, conflict with parents, poor mental health or view of self, involvement in child protective services, involvement in juvenile detention or delinquency, early substance use, and prior rape or adolescent sexual victimization.

In the Western United States, volcanic spring-fed rivers are anticipated to become increasingly more important for salmonids and other native fishes, as these rivers will retain coldwater habitats as the climate warms. Despite this, little is known about the hydro-biogeochemical interactions within these ecosystems. A review of existing literature on spring-fed rivers, coupled with a decade of research on volcanic spring-fed rivers of northern California, finds that these systems are exceptionally productive and exhibit stable environmental conditions. These unique conditions stem from hydrogeologic processes typical of young volcanic terrains. Aquatic macrophytes, common to some nutrient-rich spring-fed systems, play a disproportionate role in hydrologic and geomorphic processes by facilitating ecological interactions and velocity conditions that improve juvenile salmonid growth. We find that volcanic spring-fed rivers are also resilient to climate change, due not only to their ability to dampen water temperature changes through deep groundwater flow but also because of their nutrient-driven high ecosystem productivity, which may enable coldwater species to metabolically compensate for marginal increases in water temperature. Understanding the fundamental geomorphic and ecological differences between these rare ecosystems and their numerically dominant runoff rivers is essential for developing long-term conservation strategies for coldwater species under a rapidly changing climate.

‘Legal storytelling’ is one of the most contested area of the interdisciplinary research field of ‘law and literature’, which has taken shape in the political and legal context of the United States originally. The proponents of ‘legal storytelling’ endeavour to ‘give voice’ to groups and minorities of disadvantageous social position by ‘telling’ – by hearing and publicizing, in fact – their stories unheard by law. However, many lawyers doubt that these everyday life, often trivial, stories carry any legally relevant content, while literati question their aesthetical value. The essay argues against these doubts leaning on the material of focus group interviews recorded in a recent research on the Hungarians’ legal consciousness. It aims to expose the important role that these everyday life stories play in legal culture on the one hand, and, on the other hand, that the analysis of these uncanonised, not-belletristic texts could be fruitful indeed. For this, the first part of the essay offers a survey on how the concept of ‘legal culture’ emerged in Hungarian legal theoretical thinking, and how the sociological researches, in which the presented ordinary stories were recorded, connected to that. After analysing several story-bits taken from two focus group participants’ narrations, the attention turns to stories told by the ‘greats’, that is by writers, and here enters Franz Kafka in the scope. The last part of the essay seeks to determine what relates the two kinds – the ordinary and the literary – of narratives and what are the differences between them. For a conclusion, it emphasizes that this essay can be seen only as an intuitive theoretical experience for using aesthetic notions in analysing empirical sociological data rather than a methodologically well-founded application of that. The basic idea of this experiment is that both law and aesthetics are permeated by moral, and social psychological constituents.

AbstractBetween 1890 and 1920 in the United States, Protestant ministers demonstrated increasing concern for boys between the ages of twelve and eighteen. In particular, they described a two-fold “boy problem,” defined both in terms of heightened juvenile delinquency and passive effeminacy. This essay analyzes one of the chief ways in which church leaders attempted to combat these issues: the development of Christian boy ministries rooted in the stories and themes of medieval knighthood. Looking at the use of such themes in Protestant literature and in new church organizations such as the Knights of King Arthur and the Knights of the Holy Grail, this article reveals why medievalism had such power and resonance in this era. In part, the symbolic use of the Middle Ages fit well with emerging psychological theories of adolescent development. According to G. Stanley Hall and other proponents of racial recapitulation, adolescent boys were instinctually driven by a need to join their medieval forebears in fighting battles, worshiping heroes, and forming romantic relationships marked by love and chivalry. In addition, the medieval knight emerged as the ideal exemplar for dealing with both aspects of the early twentieth-century boy problem. While boys struggled with moral decadence and effeminate weakness, knights were both morally refined and confidently virile. In the end, I argue that the proliferation of medieval themes in this period reflected a growing consensus regarding the “ideal Christian man.” While uncontrolled masculine expression produced the violent man, and the suppression of masculine expression produced the weak man, carefully channeled masculine expression would produce the “knightly” man, the ideal “Christian gentleman” capable of pursuing purity and virtue through manly and aggressive means.

At the annual conference of The American Psychiatric Association (APA) in Miami, there was a workshop entitled "Family Crisis". The results of a study said that in the last 30 years, 60% of families in the United States ended in divorce, and 70% of their children did not develop well, behave deviant or antisocial. For example seen juvenile delinquency, abuse of NAZA (Narcotics, Alcohol, and other Addictive Substances), promiscuity, deviant sexual behavior and so on. It was also stated that divorce rates are increasing, marriages are decreasing because many people choose to live together without marriage or single life and free sex. Disloyalty (abuse) among families in the US turned out not to be the monopoly of husbands alone, but 40% of the wives there were also involved in affair with third parties. Of the five marriages in the first five years, three divorces occurred. The author gives the purpose of writing to discuss the crisis in the household, rebuild the household and give Christian values ​​in counteracting divorce. The author uses descriptive literature research method data and provides research results: How a harmonious family can be established dynamically if we base our family building on the basis of strong Christian spirituality values ​​accompanied by a fabric of good communication between us and our children. Surprisingly few studies have explored the implications of divorce happened because family can not be established, especially in young adulthood. This study addresses several theoretical arguments linking divorce in the side of spiritual value with reduced religious involvement in young adulthood and tests relevant hypotheses using data from a unique sample. Results show that divorce in the side of spiritual value is associated with substantially lower communicate religious involvement among young adults in their families house.

Abstract Ecosystem-based fisheries-management (EBFM) is increasingly used in the United States (U.S.), including in the Gulf of Mexico (GOM). Producing distribution maps for marine organisms is a critical step in the implementation of EBFM. In particular, distribution maps are important inputs for many spatially-explicit ecosystem models, such as OSMOSE models, as well as for biophysical models used to predict annual recruitment anomalies due to oceanographic factors. In this study, we applied a recently proposed statistical modelling framework to produce distribution maps for: (i) younger juveniles (ages 0–1) of red snapper (Lutjanus campechanus), red grouper (Epinephelus morio), and gag (Mycteroperca microlepis), so as to be able to define the potential larval settlement areas of the three species in a biophysical model; and (ii) the functional groups and life stages represented in the OSMOSE model of the West Florida Shelf (“OSMOSE-WFS”). This statistical modelling framework consists of: (i) compiling a large database blending all of the encounter/non-encounter data of the GOM collected by the fisheries-independent and fisheries-dependent surveys using random sampling schemes, referred to as the “comprehensive survey database;” (ii) employing the comprehensive survey database to fit spatio-temporal binomial generalized linear mixed models (GLMMs) that integrate the confounding effects of survey and year; and (iii) using the predictions of the fitted spatio-temporal binomial GLMMs to generate distribution maps. This large endeavour allowed us to produce distribution maps for younger juveniles of red snapper, red grouper and gag and nearly all of the other functional groups and life stages represented in OSMOSE-WFS, at different seasons. Using Pearson residuals, the probabilities of encounter predicted by all spatio-temporal binomial GLMMs were demonstrated to be reasonable. Moreover, the results obtained for younger juvenile fish concur with the literature, provide additional insights into the spatial distribution patterns of these life stages, and highlight important future research avenues.

AbstractLegal humor is a topic of perennial appeal, and has long been a prolific source of books, articles, and scholarly commentaries which are avidly consumed by popular and professional audiences alike. However, although a number of scholars have analyzed the use of humor in judicial opinions, there is no comparable body of scholarly examinations of lawyers' use of humor in their role as legal advocates. This omission is significant, because in the American legal system, humor and wordplay serve as highly-valued evidence of forensic skill which is deemed appropriate for display both within and outside of the courtroom. Accordingly, this paper attempts to fill the gap in the existing literature by examining attorneys' use of humor as persuasive advocacy in two widely divergent settings, informal court-mandated mediation and oral argument before the United States Supreme Court. In these data, the attorneys use humor aggressively to ridicule the plaintiffs' claims, depicting them as laughable and unworthy of serious consideration, while placing themselves at the center of a comic performance which allows them to display their linguistic skills. These data thus demonstrate that humor can be a potent weapon in an attorney's arsenal.

Diversion programs allow criminal justice actors to send defendants out of the court system, compelling them instead to attend treatment programs, participate in educational opportunities, and/or perform community service. These programs exist for both adult and juvenile offenders. Although some diversion programs are administered within the court system, prosecutors design and operate a substantial number of these programs themselves. Because the prosecutor does not need to obtain input from judges or other actors in these programs, they carry higher risks of performance problems, such as net widening and unequal application of program criteria. Furthermore, because of the local focus of most prosecutors’ offices in the United States, their diversion programs differ from place to place. The published program evaluations are too often site-specific, offering few general insights about this category of programs. The fragmented literature about prosecutor-led diversion programs should expand the metrics of success for these programs and monitor the effects of the prosecutor-dominated governance structure. Expected final online publication date for the Annual Review of Criminology, Volume 4 is January 13, 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Presents a unified theory of judicial decision making in the American legal system based on a labor market model. Discusses a realistic theory of judicial behavior; the previous empirical literature; the Supreme Court; the courts of appeals; the district courts and the selection effect; dissents and dissent aversion; the questioning of lawyers at oral argument; and the auditioners. Epstein is Provost Professor of Law and Political Science and Rader Family Trustee Chair in Law at the University of Southern California. Landes is Clifton R. Musser Professor Emeritus of Law and Economics at the University of Chicago Law School. Posner is Circuit Judge with the United States Court of Appeals for the Seventh Circuit and Senior Lecturer at the University of Chicago Law School.

This paper presents the assumptions put into practice by William Reuben George in the Junior Republic in the State of New York. The person of the founder of this pedagogical solution has not yet been widely known in Polish literature. The assumptions introduced in the Junior Republic were part of the so-called progressiveapproach in working with juvenile offenders in the United States. The paper presents the main assumptions used in working with young people, the idea of the Junior Republic and the daily activities of minors. The paper is concluded with a summary.

Summary Newly established populations of endangered species can help mitigate declines elsewhere and can be a valuable genetic reservoir. When these populations are located within anthropogenic habitats, they may also help mitigate the potential biodiversity loss created by urbanization. The Red-crowned Amazon Amazona viridigenalis is an endangered species that has become naturalized in multiple urban areas throughout the United States and Mexico, and these populations may currently outnumber the population within their historical habitat. While these urban populations may hold the majority of this endangered species, very few studies have analyzed the status and trends of this species, or of threatened parrots in general, in urban areas. Our study focuses on an urban Red-crowned Amazon population in the Lower Rio Grande Valley (LRGV) of Texas: the only parrot population currently recognized as native to the United States. To determine a timeline of Red-crowned Amazon arrival and growth in the LRGV, we reviewed published literature and online citizen science databases. To quantify current population levels and trends, we conducted 412 surveys at all known roost sites throughout the LRGV from January 2016 through April 2019. We also quantified the ratio of adult and juvenile parrots at roosts. Our data suggest the species has been present in the LRGV consistently since the 1970s and showed rapid growth from the mid-1990s through roughly 2016. Roost counts suggest there is currently a minimum LRGV population of about 680 and the population has been relatively stable over the last 3.5 years. Productivity averaged 19% over three breeding seasons, suggesting successful internal reproduction. This study provides important baseline information for the management and conservation of Red-crowned Amazons in the region and provides a valuable timeline on the beginnings and trends of this recently established urban population of Amazona parrot.

The invasive European Common Reed (Phragmites australis), first established in North America in the early 1900’s, is now a dominant emergent aquatic plant in many coastal and inland wetlands. A review of the literature was conducted to evaluate the extent of ecological impacts on fishes and their habitat, such as changes in the composition and abundance of native fishes and wetland plants, and alterations to water availability and substrate. The review indicated that a reduction in the abundance of native fishes was common (54.54% of studies), as were impacts to fish habitat (e.g., 54.54% of studies documented a change in wetland plant composition). Many studies were conducted in the eastern and northern United States, which showed that the abundance of juvenile and larval fishes was significantly lower in marshes dominated by P. australis, relative to those dominated by native plant species (Spartina alterniflora); however, changes to wetland plant abundance and composition, water availability, water temperature, nutrient cycling, substrate, reproduction and spawning, genetics of native fishes, and general food web effects were also observed. These results indicate that P. australis poses numerous ecological impacts to the structure and function of wetland habitats, with implications for the ongoing productivity of aquatic ecosystems.

Abstract Background Animal biotelemetry and individual-based modeling (IBM) are natural complements, but there are few published examples where they are applied together to address fundamental or applied ecological questions. Existing studies are often found in the modeling literature and frequently re-use small datasets collected for purposes other than the model application. Animal biotelemetry can provide the robust measurements that capture relevant ecological patterns needed to parameterize, calibrate, and assess hypotheses in IBMs; together they could help meet demand for predictive modeling and decision-support in the face of environmental change. Results We used an simple exemplar IBM that uses spatio-temporal movement patterns of 103 acoustic-tagged juvenile yearling Chinook salmon (Oncorhynchus tshawytscha), termed ‘smolts’, to quantitatively assess plausibility of two migratory strategies that smolts are hypothesized to use while migrating north through the plume of the Columbia River (United States of America). We find that model smolts that seek to maximize growth demonstrate movement patterns consistent with those of tagged smolts. Model smolts that seek to move quickly out of the plume region by seeking favorable currents do not reproduce the same patterns. Conclusions Animal biotelemetry and individual-based modeling are maturing fields of inquiry. Our hope is that this model description and the basic analytical techniques will effectively illustrate individual-based models for the biotelemetry community, and perhaps inspire new collaborations between biotelemetry researchers and individual-based modelers.

Abstract Background Respiratory conditions are the leading cause of hospitalization and death in children with Trisomy 21 (T21). Diffuse alveolar hemorrhage (DAH) occurs at higher frequency in children with T21; yet, it is not widely studied nor is there a standardized approach to diagnosis or management. The objective of this study was to identify children with T21 and DAH in order to understand contributing factors and identify opportunities to improve outcomes. We identified 5 children with T21 at a single institution with histology-proven DAH over 10 years and discuss their presentation, evaluation, management, and outcomes. We also reviewed the cases in the literature. Case presentation Patient 1 died at age seven due to secondary hemophagocytic lymphohistiocytosis. DAH was seen on autopsy. Patient 2 was a three-year-old with systemic-onset juvenile idiopathic arthritis diagnosed with DAH after presenting for hypoxia. Patient 3 was diagnosed with DAH at age nine after presenting with recurrent suspected pneumonia and aspiration. Patient 4 was diagnosed with DAH at age eight after presenting with pallor and fatigue. She had additional ICU admissions for DAH with infections. Patient 5 developed hemoptysis at age three and had recurrent DAH for 10 years. Four patients responded positively to immune-modulation such as intravenous immunoglobulin, glucocorticoids, and rituximab. Of the 19 patients identified in the literature, only one was from the United States. The majority had anemia, respiratory distress, autoantibodies, and recurrences. Very few patients had hemoptysis. Idiopathic pulmonary hemosiderosis was the most common diagnosis. Almost all received glucocorticoids with or without additional immunosuppression. The majority of our patients and those in the literature had positive auto-antibodies such as anti-neutrophil cytoplasmic antibodies and anti-nuclear antigen antibodies. Diagnostic clues included respiratory distress, hypoxia, anemia, recurrent pneumonia, and/or ground glass opacities on imaging. We identified four contributors to DAH: structural lung abnormalities, pulmonary arterial hypertension, infection/aspiration, and autoimmune disease/immune dysregulation. Conclusion These cases demonstrate the need for an increased index of suspicion for DAH in children with T21, particularly given the low frequency of hemoptysis at presentation, enrich the understanding of risk factors, and highlight the favorable response to immunosuppressive therapies in this vulnerable population.

Abstract Effective management of wildlife requires a full understanding of population dynamics and knowledge of potential drivers that influence population growth. The Ruffed Grouse (Bonasa umbellus) is a popular upland game bird widely distributed across the northern United States and Canada that has experienced population declines within portions of its range in response to forest maturation and habitat loss. Although the species has been extensively studied, few efforts have been made to synthesize demographic data into a sensitivity analysis to guide management actions. We reviewed the literature and compiled Ruffed Grouse vital rates from 14 field studies conducted across four decades (1982−2018) within the Upper Great Lakes region of Michigan, Minnesota, and Wisconsin, USA. We parameterized a deterministic matrix model to evaluate population dynamics and conducted sensitivity analyses to identify vital rates projected to have the greatest influence on the finite rate of population change (λ). Our modeling effort projected a stable but highly variable annual rate of population change (λ = 1.01; 95% CI = 0.88–1.14) for Ruffed Grouse in the Upper Great Lakes region. Stochastic rates of population change derived from spring drumming surveys (λ = 1.01; 95% CI = 0.61–1.45) and Christmas Bird Count surveys (λ = 0.99; 95% CI = 0.62–1.76) of the corresponding regional population provided validation of stable trends over the same time period as our demographic model. Prospective elasticities and variance-scaled sensitivities suggested λ would be greatly influenced by components of reproductive performance: nesting success, chick survival, and post-fledging juvenile survival. Retrospective analysis indicated that much of the overall variability in λ and annual productivity was also attributed to annual variation in nesting success. Management of this species has often focused on fall and overwinter survival, but population projection models provided little evidence that survival was the predominant factor affecting population growth of Ruffed Grouse in this region. A suite of confounding factors and demographic processes that drive population trends can differ significantly across a species’ range. In the Upper Great Lakes region, management efforts aimed at maximizing reproductive success would likely have the greatest potential influence on Ruffed Grouse population growth. Other types of systematic, regional survey data can also be useful for validating population trends derived from demographic modeling studies.

This Article argues that Sullivan was not only a “civil rights case,” but also very much a libel case, one that was influenced by contemporaneous debates over libel law and freedom of the press. The Court intervened in what was perceived at the time as a near-crisis for the press caused by an increasing number of libel suits and large damage awards against publishers in the 1950s and ’60s. This escalation was a notable departure from the relatively tame “libel climate” of the previous forty years. For most of the first half of the twentieth century, the press had been able, to a remarkable degree, to avoid and defeat libel suits through strategic navigation of the libel law landscape. By combining a tactical accommodation of libel law with a dedicated resistance to it, the press had learned to “liv[e] with the law of libel.” By the 1940s, most of the nation’s major newspapers faced only a handful of libel suits each year, and the amount paid in judgments and settlements was low. The upset of that equilibrium, starting in the 1950s, put libel on the Supreme Court’s radar, and it spurred the Court to contemplate more aggressive intervention into the state law of libel. In what follows, I shed new light on Sullivan through an account of the history of libel law and litigation in the United States in the years prior to the case, and the libel law context in which Sullivan was initiated and rose through the courts. This Article does not dwell on the constitutional law developments that influenced Sullivan or the common law of libel prior to Sullivan, but instead focuses on how the press dealt with libel, and the practical implications of libel law for American print media in the years leading up to Sullivan. In so doing, it reveals a reality about libel law that cannot be readily gleaned from a study of case law or treatises: that for much of the twentieth century, especially prior to the 1950s, libel did affect press behavior and the ability of the press to publish newsworthy stories, although it likely did not have the highly chilling effect on the press that its rigid formal doctrines suggested. Libel law did impose burdens on the press; it did require self-censoring to some extent. Yet many sectors of the press enjoyed broad latitude to report the news and to comment on politics and public issues, libel law notwithstanding. That state of affairs, however, was seemingly threatened by changing libel trends in the 1950s and ’60s. Changes in the nation’s social and political culture, new dynamics of tort litigation, and new norms and practices of journalism increased the willingness and ability of plaintiffs to sue for libel and to recover damages. In an era when controversies around communism and civil rights, hostility towards the press, and large jury verdicts in tort cases encouraged the use of large-scale libel litigation as a weapon in political and cultural battles, when tort judgments increased nationwide, and when news publications received record-high jury verdicts in libel cases, many news outlets could no longer rely on their established systems for dealing with libel suits, and the likelihood of chilling effects was heightened. This change in the libel climate was not the only force encouraging the Court to institute constitutional protections in libel law, but it was an important factor, one that has been overlooked in standard accounts of the Sullivan case. This Article describes the libel law history leading up to New York Times v. Sullivan. It explores the cultural and legal contexts that surrounded the case, and it suggests the influence of those contexts on the Supreme Court’s actions in Sullivan. Drawing on legal sources, popular literature, journalism, and the archival papers of publishers, it offers an account of how the press accommodated and resisted libel, how libel law shaped the workings of the press, and how the press shaped libel law. The Article focuses on major newspapers (and to a lesser extent, magazines) that dealt regularly with libel issues and libel litigation, and also preserved substantial records of their operations. This Article chronicles the rise, fall, and partial resurgence of libel as a critical concern for the press in the United States from 1880 to 1964. Part I provides background on the law of libel. Part II describes the development of the mass circulation press in the late 1800s and the many libel suits that accompanied the rise of popular publishing. A surge of libel suits, spurred in part by sensationalistic yellow journalism, posed a formidable burden and near-existential crisis for newspapers in the late nineteenth century. By the early twentieth century, however, the adoption of professional ethics and standards of accuracy and objectivity in journalism, including fact-checking and “libel-vetting” programs at many newspapers, reduced the number of potentially actionable statements and defused the libel crisis. The need to reduce or avoid libel had become an integral part of the professionalization of journalism. Therefore, by the 1920s, primarily as a result of the press’s own efforts, libel had receded to the periphery of the problems faced by most major newspapers. As Part III describes, those elaborate systems of editing and checking for libel, the use of legal counsel to conduct prepublication review, and aggressive litigation strategies kept the number of libel suits and judgments low at most publications. These efforts consumed resources and curtailed some news content. Yet anecdotal accounts from publishers and lawyers suggests that they did not impose stifling burdens on publishing. A fairly broad freedom of the press existed, if not in formal law, then in the law’s practical operation. The 1950s saw the resurgence of libel suits against the press. In the political ferment of the postwar era, an emboldened, well-funded press engaged more forthrightly in political critiques and investigative journalism, and the subjects of such reporting reacted with libel suits. As Part IV describes, the number of libel suits against the press increased, as did the amount of damages claimed and awarded. Many of the press’s established strategies for dealing with libel no longer functioned as they once did. Libel law became more of a concern for the press, and libel cases became central to the era’s political and culture wars. Against this contentious backdrop, the Supreme Court made its first, historic intervention into libel law in New York Times v. Sullivan.

IntroductionBritish initiatives to manage both the number of arrivals of asylum seekers and the experiences of those who arrive have burgeoned in recent years. The budget dedicated to asylum seeker management increased from £357 million in 1998-1999 to £1.71 billion in 2004-2005, making the Immigration and Nationality Directorate (IND) the second largest concern of the Home Office behind the Prison Service in 2005 (Back et al). The IND was replaced in April 2007 by the Border and Immigration Agency (BIA), whose expenditure exceeded £2 billion in 2007-2008 (BIA). Perhaps as a consequence the number of asylum seekers applying to the UK has fallen dramatically, illustrating the continuing influence of exclusionary state policies despite the globalisation and transnationalisation of migrant flows (UNHCR; Koser).One of the difficulties with the study of asylum seekers is the persistent risk that, by employing the term ‘asylum seeker’, research conducted into their experiences will contribute towards the exclusion of a marginalised and abject group of people, precisely by employing a term that emphasises the suspended recognition of a community (Nyers). The ‘asylum seeker’ is a figure defined in law in order to facilitate government-level avoidance of humanitarian obligations by emphasising the non-refugeeness of asylum claimants (Tyler). This group is identified as supplicant to the state, positioning the state itself as a legitimate arbiter. It is in this sense that asylum seekers suffer a degree of cruel optimism (Berlant) – wishing to be recognised as a refugee while nevertheless subject to state-defined discourses, whatever the outcome. The term ‘forced migrant’ is little better, conveying a de-humanising and disabling lack of agency (Turton), while the terms ‘undocumented migrant’, ‘irregular migrant’ and ‘illegal migrant’ all imply a failure to conform to respectable, desirable and legitimate forms of migration.Another consequence of these co-opted and politically subjugating forms of language is their production of simple imagined geographies of migration that position the foreigner as strange, unfamiliar and incapable of communication across this divide. Such imaginings precipitate their own responses, most clearly expressed in the blunt, intrusive uses of space and time in migration governance (Lahav and Guiraudon; Cohen; Guild; Gronendijk). Various institutions exist in Britain that function to actually produce the imagined differences between migrants and citizens, from the two huge, airport-like ‘Asylum Screening Units’ in Liverpool and London where asylum seekers can lodge their claims, to the 12 ‘Removal Centres’ within which soon-to-be deported asylum seekers are incarcerated and the 17 ‘Hearing Centres’ at which British judges preside over the precise legal status of asylum applicants.Less attention, however, has been given to the tension between mobility and stillness in asylum contexts. Asylum seeker management is characterised by a complex combination of enforced stillness and enforced mobility of asylum seeking bodies, and resistance can also be understood in these terms. This research draws upon 37 interviews with asylum seekers, asylum activists, and government employees in the UK conducted between 2005 and 2007 (see Gill) and distils three characteristics of stillness. First, an association between stillness and safety is clearly evident, exacerbated by the fear that the state may force asylum seekers to move at any time. Second, stillness of asylum seekers in a physical, literal sense is intimately related to their psychological condition, underscoring the affectual properties of stillness. Third, the desire to be still, and to be safe, precipitates various political strategies that seek to secure stillness, meaning that stillness functions as more than an aspiration, becoming also a key political metric in the struggle between the included and excluded. In these multiple and contradictory ways stillness is a key factor that structures asylum seekers’ experiences of migration. Governing through Mobility The British state utilises both stillness and mobility in the governance of asylum seeking bodies. On the one hand, asylum seekers’ personal freedoms are routinely curtailed both through their incarceration and through the requirements imposed upon them by the state in terms of ‘signing in’ at local police stations, even when they are not incarcerated, throughout the time that they are awaiting a decision on their claim for asylum (Cwerner). This requirement, which consists of attending a police station to confirm the continuing compliance of the asylum seeker, can vary in frequency, from once every month to once every few days.On the other hand, the British state employs a range of strategies of mobility that serve to deprive asylum seeking communities of geographical stillness and, consequently, also often undermines their psychological stability. First, the seizure of asylum seekers and transportation to a Removal Centre can be sudden and traumatic, and incarceration in this manner is becoming increasingly common (Bacon; Home Office). In extreme cases, very little or no warning is given to asylum seekers who are taken into detention, and so-called ‘dawn raids’ have been organised in order to exploit an element of surprise in the introduction of asylum seekers to detention (Burnett). A second source of forced mobility associated with Removal Centres is the transfer of detainees from one Removal Centre to another for a variety of reasons, from the practical constraints imposed by the capacities of various centres, to differences in the conditions of centres themselves, which are used to form a reward and sanction mechanism among the detainee population (Hayter; Granville-Chapman). Intra-detention estate transfers have increased in scope and significance in recent years: in 2004/5, the most recent financial year for which figures are available, the British government spent over £6.5 million simply moving detainees from one secure facility to another within the UK (Hansard, 2005; 2006).Outside incarceration, a third source of spatial disruption of asylum seekers in the UK concerns their relationship with accommodation providers. Housing is provided to asylum seekers as they await a decision on their claim, but this housing is provided on a ‘no-choice’ basis, meaning that asylum seekers who are not prepared to travel to the accommodation that is allocated to them will forfeit their right to accommodation (Schuster). In other words, accommodation is contingent upon asylum seekers’ willingness to be mobile, producing a direct trade-off between the attractions of accommodation and stillness. The rationale for this “dispersal policy”, is to draw asylum seekers away from London, where the majority of asylum seekers chose to reside before 2000. The maintenance of a diverse portfolio of housing across the UK is resource intensive, with the re-negotiation of housing contracts worth over a £1 billion a constant concern (Noble et al). As these contracts are renegotiated, asylum seekers are expected to move in response to the varying affordability of housing around the country. In parallel to the system of deportee movements within the detention estate therefore, a comparable system of movement of asylum seekers around the UK in response to urban and regional housing market conditions also operates. Stillness as SanctuaryIn all three cases, the psychological stress that movement of asylum seekers can cause is significant. Within detention, according to a series of government reports into the conditions of removal centres, one of the recurring difficulties facing incarcerated asylum seekers is incomprehension of their legal status (e.g. HMIP 2002; 2008). This, coupled with very short warning of impending movements, results in widespread anxiety among detained asylum seekers that they may be deported or transferred imminently. Outside detention, the fear of snatch squads of police officers, or alternatively the fear of hate crimes against asylum seekers (Tyler), render movement in the public realm a dangerous practice in the eyes of many marginalised migrants. The degree of uncertainty and the mental and emotional demands of relocation introduced through forced mobility can have a damaging psychological effect upon an already vulnerable population. Expressing his frustration at this particular implication of the movement of detainees, one activist who had provided sanctuary to over 20 asylum seekers in his community outlined some of the consequences of onward movement.The number of times I’ve had to write panic letters saying you know you cannot move this person to the other end of the country because it destabilises them in terms of their mental health and it is abusive. […] Their solicitors are here, they’re in process, in legal process, they’ve got a community, they’ve got friends, they may even have a partner or a child here and they would still move them.The association between governance, mobility and trepidation highlights one characteristic of stillness in the asylum seeking field: in contra-distinction to the risk associated with movement, to be still is very often to be safe. Given the necessity to flee violence in origin countries and the tendency for destination country governments to require constant re-positioning, often backed-up with the threat of force, stillness comes to be viewed as offering a sort of sanctuary. Indeed, the Independent Asylum Commission charity that has conducted a series of reviews of asylum seekers’ treatment in the UK (Hobson et al.), has recently suggested dispensing with the term ‘asylum’ in favour of ‘sanctuary’ precisely because of the positive associations with security and stability that the latter provides. To be in one place for a sustained period allows networks of human trust and reciprocity to develop which can form the basis of supportive community relationships. Another activist who had accompanied many asylum seekers through the legal process spoke passionately about the functions that communities can serve in asylum seekers’ lives.So you actually become substitute family […] I think it’s what helps people in the midst of trauma when the future is uncertain […] to find a community which values them, which accepts them, which listens to them, where they can begin to find a place and touch a creative life again which they may not have had for years: it’s enormously important.There is a danger in romanticising the benefits of community (Joseph). Indeed, much of the racism and xenophobia directed towards asylum seekers has been the result of local community hostilities towards different national and ethnic groups (Boswell). For many asylum seekers, however, the reciprocal relations found in communities are crucially important to their well-being. What is more, the inclusion of asylum seekers into communities is one of the most effective anti-state and anti-deportation strategies available to activists and asylum seekers alike (Tyler), because it arrests the process of anonymising and cordoning asylum seekers as an homogenous group, providing instead a chance for individuals to cast off this label in favour of more ‘humane’ characteristics: families, learning, friendship, love.Strategies for StillnessFor this reason, the pursuit of stillness among asylum seekers is both a human and political response to their situations – stillness becomes a metric in the struggle between abject migrants and the state. Crucial to this political function is the complex relationship between stillness and social visibility: if an asylum seeker can command their own stillness then they can also have greater influence over their public profile, either in order to develop it or to become less conspicuous.Tyler argues that asylum seekers are what she calls a ‘hypervisible’ social group, referring to the high profile association between a fictional, dehumanised asylum seeking figure and a range of defamatory characteristics circulated by the popular printed press. Stillness can be used to strategically reduce this imposed form of hypervisibility, and to raise awareness of real asylum seeker stories and situations. This is achieved by building community coalitions, which require physically and socially settled asylum seeking families and communities. Asylum advocacy groups and local community support networks work together in the UK in order to generate a genuine public profile of asylum seekers by utilising local and national newspapers, staging public demonstrations, delivering speeches, attending rallies and garnering support among local organisations through art exhibitions, performances and debates. Some activist networks specialise explicitly in supporting asylum seekers in these endeavours, and sympathetic networks of journalists, lawyers, doctors and radio producers combine their expertise with varying degrees of success.These sorts of strategies can produce strong loyalties between local communities and the asylum seekers in their midst, precisely because, through their co-presence, asylum seekers cease to be merely asylum seekers, but become active and valued members of communities. One activist who had helped to organise the protection of an asylum seeker in a church described some of the preparations that had been made for the arrival of immigration task forces in her middle class parish.There were all sorts of things we practiced: if they did break through the door what would we do? We set up a telephone tree so that each person would phone two or three people. We had I don’t know how many cars outside. We arranged a safe house, where we would hide her. We practiced getting her out of the room into a car […] We were expecting them to come at any time. We always had people at the back […] guarding, looking at strangers who might be around and [name] was never, ever allowed to be on her own without a whole group of people completely surrounding her so she could feel safe and we would feel safe. Securing stillness here becomes more than simply an operation to secure geographic fixity: it is a symbolic struggle between state and community, crystallising in specific tactics of spatial and temporal arrangement. It reflects the fear of further forced movement, the abiding association between stillness and safety, and the complex relationship between community visibility and an ability to remain still.There are, nevertheless, drawbacks to these tactics that suggest a very different relationship between stillness and visibility. Juries can be alienated by loud tactics of activism, meaning that asylum seekers can damage their chances of a sympathetic legal hearing if they have had too high a profile. Furthermore, many asylum seekers do not have the benefits of such a dedicated community. An alternative way in which stillness becomes political is through its ability to render invisible the abject body. Invisibility is taken to mean the decision to ‘go underground’, miss the appointments at local police stations and attempt to anticipate the movements of immigration removal enforcement teams. Perversely, although this is a strategy for stillness at the national or regional scale, mobile strategies are often employed at finer scales in order to achieve this objective. Asylum seekers sometimes endure extremely precarious and difficult conditions of housing and subsistence moving from house to house regularly or sleeping and living in cars in order to avoid detection by authorities.This strategy is difficult because it involves a high degree of uncertainty, stress and reliance upon the goodwill of others. One police officer outlined the situation facing many ‘invisible’ asylum seekers as one of poverty and desperation:Immigration haven’t got a clue where they are, they just can’t find them because they’re sofa surfing, that’s living in peoples coffee shops … I see them in the coffee shop and they come up and they’re bloody starving! Despite the difficulties associated with this form of invisibility, it is estimated that this strategy is becoming increasingly common in the UK. In 2006 the Red Cross estimated that there were some 36 000 refused and destitute asylum seekers in England, up from 25 000 the previous year, and reported that their organisation was having to provide induction tours of soup kitchens and night shelters in order to alleviate the conditions of many claimants in these situations (Taylor and Muir). Conclusion The case of asylum seekers in the UK illustrates the multiple, contradictory and splintered character of stillness. While some forms of governance impose stillness upon asylum seeking bodies, in the form of incarceration and ‘signing in’ requirements, other forms of governance impose mobility either within detention or outside it. Consequently stillness figures in the responses of asylum seeking communities in various ways. Given the unwelcome within-country movement of asylum seekers, and adding to this the initial fact of their forced migration from their home countries, the condition of stillness becomes desirable, promising to bring with it stability and safety. These promises contrast the psychological disruption that further mobility, and even the threat of further mobility, can bring about. This illustrates the affectual qualities both of movement and of stillness in the asylum-seeking context. Literal stillness is associated with social and emotional stability that complicates the distinction between real and emotional spaces. While this is certainly not the case uniformly – incarceration and inhibited personal liberties have opposite consequences – the promises of stillness in terms of stability and sanctuary are clearly significant because this desirability leads asylum advocates and asylum seekers to execute a range of political strategies that seek to ensure stillness, either through enhanced or reduced forms of social visibility.The association of mobility with freedom that typifies much of the literature surrounding mobility needs closer inspection. At least in some situations, asylum seekers pursue geographical stillness for the political and psychological benefits it can offer, while mobility is both employed as a subjugating strategy by states and is itself actively resisted by those who constitute its targets.ReferencesBack, Les, Bernadette Farrell and Erin Vandermaas. A Humane Service for Global Citizens. London: South London Citizens, 2005.Bacon, Christine. 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Alfred Hermida recently posited ‘ambient journalism’ as a new framework for para- and professional journalists, who use social networks like Twitter for story sources, and as a news delivery platform. Beginning with this framework, this article explores the following questions: How does Hermida define ‘ambient journalism’ and what is its significance? Are there alternative definitions? What lessons do current platforms provide for the design of future, real-time platforms that ‘ambient journalists’ might use? What lessons does the work of Brian Eno provide–the musician and producer who coined the term ‘ambient music’ over three decades ago? My aim here is to formulate an alternative definition of ambient journalism that emphasises craft, skills acquisition, and the mental models of professional journalists, which are the foundations more generally for journalism practices. Rather than Hermida’s participatory media context I emphasise ‘institutional adaptiveness’: how journalists and newsrooms in media institutions rely on craft and skills, and how emerging platforms can augment these foundations, rather than replace them. Hermida’s Ambient Journalism and the Role of Journalists Hermida describes ambient journalism as: “broad, asynchronous, lightweight and always-on communication systems [that] are creating new kinds of interactions around the news, and are enabling citizens to maintain a mental model of news and events around them” (Hermida 2). His ideas appear to have two related aspects. He conceives ambient journalism as an “awareness system” between individuals that functions as a collective intelligence or kind of ‘distributed cognition’ at a group level (Hermida 2, 4-6). Facebook, Twitter and other online social networks are examples. Hermida also suggests that such networks enable non-professionals to engage in ‘communication’ and ‘conversation’ about news and media events (Hermida 2, 7). In a helpful clarification, Hermida observes that ‘para-journalists’ are like the paralegals or non-lawyers who provide administrative support in the legal profession and, in academic debates about journalism, are more commonly known as ‘citizen journalists’. Thus, Hermida’s ambient journalism appears to be: (1) an information systems model of new platforms and networks, and (2) a normative argument that these tools empower ‘para-journalists’ to engage in journalism and real-time commentary. Hermida’s thesis is intriguing and worthy of further discussion and debate. As currently formulated however it risks sharing the blind-spots and contradictions of the academic literature that Hermida cites, which suffers from poor theory-building (Burns). A major reason is that the participatory media context on which Hermida often builds his work has different mental models and normative theories than the journalists or media institutions that are the target of critique. Ambient journalism would be a stronger and more convincing framework if these incorrect assumptions were jettisoned. Others may also potentially misunderstand what Hermida proposes, because the academic debate is often polarised between para-journalists and professional journalists, due to different views about institutions, the politics of knowledge, decision heuristics, journalist training, and normative theoretical traditions (Christians et al. 126; Cole and Harcup 166-176). In the academic debate, para-journalists or ‘citizen journalists’ may be said to have a communitarian ethic and desire more autonomous solutions to journalists who are framed as uncritical and reliant on official sources, and to media institutions who are portrayed as surveillance-like ‘monitors’ of society (Christians et al. 124-127). This is however only one of a range of possible relationships. Sole reliance on para-journalists could be a premature solution to a more complex media ecology. Journalism craft, which does not rely just on official sources, also has a range of practices that already provides the “more complex ways of understanding and reporting on the subtleties of public communication” sought (Hermida 2). Citizen- and para-journalist accounts may overlook micro-studies in how newsrooms adopt technological innovations and integrate them into newsgathering routines (Hemmingway 196). Thus, an examination of the realities of professional journalism will help to cast a better light on how ambient journalism can shape the mental models of para-journalists, and provide more rigorous analysis of news and similar events. Professional journalism has several core dimensions that para-journalists may overlook. Journalism’s foundation as an experiential craft includes guidance and norms that orient the journalist to information, and that includes practitioner ethics. This craft is experiential; the basis for journalism’s claim to “social expertise” as a discipline; and more like the original Linux and Open Source movements which evolved through creative conflict (Sennett 9, 25-27, 125-127, 249-251). There are learnable, transmissible skills to contextually evaluate, filter, select and distil the essential insights. This craft-based foundation and skills informs and structures the journalist’s cognitive witnessing of an event, either directly or via reconstructed, cultivated sources. The journalist publishes through a recognised media institution or online platform, which provides communal validation and verification. There is far more here than the academic portrayal of journalists as ‘gate-watchers’ for a ‘corporatist’ media elite. Craft and skills distinguish the professional journalist from Hermida’s para-journalist. Increasingly, media institutions hire journalists who are trained in other craft-based research methods (Burns and Saunders). Bethany McLean who ‘broke’ the Enron scandal was an investment banker; documentary filmmaker Errol Morris first interviewed serial killers for an early project; and Neil Chenoweth used ‘forensic accounting’ techniques to investigate Rupert Murdoch and Kerry Packer. Such expertise allows the journalist to filter information, and to mediate any influences in the external environment, in order to develop an individualised, ‘embodied’ perspective (Hofstadter 234; Thompson; Garfinkel and Rawls). Para-journalists and social network platforms cannot replace this expertise, which is often unique to individual journalists and their research teams. Ambient Journalism and Twitter Current academic debates about how citizen- and para-journalists may augment or even replace professional journalists can often turn into legitimation battles whether the ‘de facto’ solution is a social media network rather than a media institution. For example, Hermida discusses Twitter, a micro-blogging platform that allows users to post 140-character messages that are small, discrete information chunks, for short-term and episodic memory. Twitter enables users to monitor other users, to group other messages, and to search for terms specified by a hashtag. Twitter thus illustrates how social media platforms can make data more transparent and explicit to non-specialists like para-journalists. In fact, Twitter is suitable for five different categories of real-time information: news, pre-news, rumours, the formation of social media and subject-based networks, and “molecular search” using granular data-mining tools (Leinweber 204-205). In this model, the para-journalist acts as a navigator and “way-finder” to new information (Morville, Findability). Jaron Lanier, an early designer of ‘virtual reality’ systems, is perhaps the most vocal critic of relying on groups of non-experts and tools like Twitter, instead of individuals who have professional expertise. For Lanier, what underlies debates about citizen- and para-journalists is a philosophy of “cybernetic totalism” and “digital Maoism” which exalts the Internet collective at the expense of truly individual views. He is deeply critical of Hermida’s chosen platform, Twitter: “A design that shares Twitter’s feature of providing ambient continuous contact between people could perhaps drop Twitter’s adoration of fragments. We don’t really know, because it is an unexplored design space” [emphasis added] (Lanier 24). In part, Lanier’s objection is traceable back to an unresolved debate on human factors and design in information science. Influenced by the post-war research into cybernetics, J.C.R. Licklider proposed a cyborg-like model of “man-machine symbiosis” between computers and humans (Licklider). In turn, Licklider’s framework influenced Douglas Engelbart, who shaped the growth of human-computer interaction, and the design of computer interfaces, the mouse, and other tools (Engelbart). In taking a system-level view of platforms Hermida builds on the strength of Licklider and Engelbart’s work. Yet because he focuses on para-journalists, and does not appear to include the craft and skills-based expertise of professional journalists, it is unclear how he would answer Lanier’s fears about how reliance on groups for news and other information is superior to individual expertise and judgment. Hermida’s two case studies point to this unresolved problem. Both cases appear to show how Twitter provides quicker and better forms of news and information, thereby increasing the effectiveness of para-journalists to engage in journalism and real-time commentary. However, alternative explanations may exist that raise questions about Twitter as a new platform, and thus these cases might actually reveal circumstances in which ambient journalism may fail. Hermida alludes to how para-journalists now fulfil the earlier role of ‘first responders’ and stringers, in providing the “immediate dissemination” of non-official information about disasters and emergencies (Hermida 1-2; Haddow and Haddow 117-118). Whilst important, this is really a specific role. In fact, disaster and emergency reporting occurs within well-established practices, professional ethics, and institutional routines that may involve journalists, government officials, and professional communication experts (Moeller). Officials and emergency management planners are concerned that citizen- or para-journalism is equated with the craft and skills of professional journalism. The experience of these officials and planners in 2005’s Hurricane Katrina in the United States, and in 2009’s Black Saturday bushfires in Australia, suggests that whilst para-journalists might be ‘first responders’ in a decentralised, complex crisis, they are perceived to spread rumours and potential social unrest when people need reliable information (Haddow and Haddow 39). These terms of engagement between officials, planners and para-journalists are still to be resolved. Hermida readily acknowledges that Twitter and other social network platforms are vulnerable to rumours (Hermida 3-4; Sunstein). However, his other case study, Iran’s 2009 election crisis, further complicates the vision of ambient journalism, and always-on communication systems in particular. Hermida discusses several events during the crisis: the US State Department request to halt a server upgrade, how the Basij’s shooting of bystander Neda Soltan was captured on a mobile phone camera, the spread across social network platforms, and the high-velocity number of ‘tweets’ or messages during the first two weeks of Iran’s electoral uncertainty (Hermida 1). The US State Department was interested in how Twitter could be used for non-official sources, and to inform people who were monitoring the election events. Twitter’s perceived ‘success’ during Iran’s 2009 election now looks rather different when other factors are considered such as: the dynamics and patterns of Tehran street protests; Iran’s clerics who used Soltan’s death as propaganda; claims that Iran’s intelligence services used Twitter to track down and to kill protestors; the ‘black box’ case of what the US State Department and others actually did during the crisis; the history of neo-conservative interest in a Twitter-like platform for strategic information operations; and the Iranian diaspora’s incitement of Tehran student protests via satellite broadcasts. Iran’s 2009 election crisis has important lessons for ambient journalism: always-on communication systems may create noise and spread rumours; ‘mirror-imaging’ of mental models may occur, when other participants have very different worldviews and ‘contexts of use’ for social network platforms; and the new kinds of interaction may not lead to effective intervention in crisis events. Hermida’s combination of news and non-news fragments is the perfect environment for psychological operations and strategic information warfare (Burns and Eltham). Lessons of Current Platforms for Ambient Journalism We have discussed some unresolved problems for ambient journalism as a framework for journalists, and as mental models for news and similar events. Hermida’s goal of an “awareness system” faces a further challenge: the phenomenological limitations of human consciousness to deal with information complexity and ambiguous situations, whether by becoming ‘entangled’ in abstract information or by developing new, unexpected uses for emergent technologies (Thackara; Thompson; Hofstadter 101-102, 186; Morville, Findability, 55, 57, 158). The recursive and reflective capacities of human consciousness imposes its own epistemological frames. It’s still unclear how Licklider’s human-computer interaction will shape consciousness, but Douglas Hofstadter’s experiments with art and video-based group experiments may be suggestive. Hofstadter observes: “the interpenetration of our worlds becomes so great that our worldviews start to fuse” (266). Current research into user experience and information design provides some validation of Hofstadter’s experience, such as how Google is now the ‘default’ search engine, and how its interface design shapes the user’s subjective experience of online search (Morville, Findability; Morville, Search Patterns). Several models of Hermida’s awareness system already exist that build on Hofstadter’s insight. Within the information systems field, on-going research into artificial intelligence–‘expert systems’ that can model expertise as algorithms and decision rules, genetic algorithms, and evolutionary computation–has attempted to achieve Hermida’s goal. What these systems share are mental models of cognition, learning and adaptiveness to new information, often with forecasting and prediction capabilities. Such systems work in journalism areas such as finance and sports that involve analytics, data-mining and statistics, and in related fields such as health informatics where there are clear, explicit guidelines on information and international standards. After a mid-1980s investment bubble (Leinweber 183-184) these systems now underpin the technology platforms of global finance and news intermediaries. Bloomberg LP’s ubiquitous dual-screen computers, proprietary network and data analytics (www.bloomberg.com), and its competitors such as Thomson Reuters (www.thomsonreuters.com and www.reuters.com), illustrate how financial analysts and traders rely on an “awareness system” to navigate global stock-markets (Clifford and Creswell). For example, a Bloomberg subscriber can access real-time analytics from exchanges, markets, and from data vendors such as Dow Jones, NYSE Euronext and Thomson Reuters. They can use portfolio management tools to evaluate market information, to make allocation and trading decisions, to monitor ‘breaking’ news, and to integrate this information. Twitter is perhaps the para-journalist equivalent to how professional journalists and finance analysts rely on Bloomberg’s platform for real-time market and business information. Already, hedge funds like PhaseCapital are data-mining Twitter’s ‘tweets’ or messages for rumours, shifts in stock-market sentiment, and to analyse potential trading patterns (Pritchett and Palmer). The US-based Securities and Exchange Commission, and researchers like David Gelernter and Paul Tetlock, have also shown the benefits of applied data-mining for regulatory market supervision, in particular to uncover analysts who provide ‘whisper numbers’ to online message boards, and who have access to material, non-public information (Leinweber 60, 136, 144-145, 208, 219, 241-246). Hermida’s framework might be developed further for such regulatory supervision. Hermida’s awareness system may also benefit from the algorithms found in high-frequency trading (HFT) systems that Citadel Group, Goldman Sachs, Renaissance Technologies, and other quantitative financial institutions use. Rather than human traders, HFT uses co-located servers and complex algorithms, to make high-volume trades on stock-markets that take advantage of microsecond changes in prices (Duhigg). HFT capabilities are shrouded in secrecy, and became the focus of regulatory attention after several high-profile investigations of traders alleged to have stolen the software code (Bray and Bunge). One public example is Streambase (www.streambase.com), a ‘complex event processing’ (CEP) platform that can be used in HFT, and commercialised from the Project Aurora research collaboration between Brandeis University, Brown University, and Massachusetts Institute of Technology. CEP and HFT may be the ‘killer apps’ of Hermida’s awareness system. Alternatively, they may confirm Jaron Lanier’s worst fears: your data-stream and user-generated content can be harvested by others–for their gain, and your loss! Conclusion: Brian Eno and Redefining ‘Ambient Journalism’ On the basis of the above discussion, I suggest a modified definition of Hermida’s thesis: ‘Ambient journalism’ is an emerging analytical framework for journalists, informed by cognitive, cybernetic, and information systems research. It ‘sensitises’ the individual journalist, whether professional or ‘para-professional’, to observe and to evaluate their immediate context. In doing so, ‘ambient journalism’, like journalism generally, emphasises ‘novel’ information. It can also inform the design of real-time platforms for journalistic sources and news delivery. Individual ‘ambient journalists’ can learn much from the career of musician and producer Brian Eno. His personal definition of ‘ambient’ is “an atmosphere, or a surrounding influence: a tint,” that relies on the co-evolution of the musician, creative horizons, and studio technology as a tool, just as para-journalists use Twitter as a platform (Sheppard 278; Eno 293-297). Like para-journalists, Eno claims to be a “self-educated but largely untrained” musician and yet also a craft-based producer (McFadzean; Tamm 177; 44-50). Perhaps Eno would frame the distinction between para-journalist and professional journalist as “axis thinking” (Eno 298, 302) which is needlessly polarised due to different normative theories, stances, and practices. Furthermore, I would argue that Eno’s worldview was shaped by similar influences to Licklider and Engelbart, who appear to have informed Hermida’s assumptions. These influences include the mathematician and game theorist John von Neumann and biologist Richard Dawkins (Eno 162); musicians Eric Satie, John Cage and his book Silence (Eno 19-22, 162; Sheppard 22, 36, 378-379); and the field of self-organising systems, in particular cyberneticist Stafford Beer (Eno 245; Tamm 86; Sheppard 224). Eno summed up the central lesson of this theoretical corpus during his collaborations with New York’s ‘No Wave’ scene in 1978, of “people experimenting with their lives” (Eno 253; Reynolds 146-147; Sheppard 290-295). Importantly, he developed a personal view of normative theories through practice-based research, on a range of projects, and with different creative and collaborative teams. Rather than a technological solution, Eno settled on a way to encode his craft and skills into a quasi-experimental, transmittable method—an aim of practitioner development in professional journalism. Even if only a “founding myth,” the story of Eno’s 1975 street accident with a taxi, and how he conceived ‘ambient music’ during his hospital stay, illustrates how ambient journalists might perceive something new in specific circumstances (Tamm 131; Sheppard 186-188). More tellingly, this background informed his collaboration with the late painter Peter Schmidt, to co-create the Oblique Strategies deck of aphorisms: aleatory, oracular messages that appeared dependent on chance, luck, and randomness, but that in fact were based on Eno and Schmidt’s creative philosophy and work guidelines (Tamm 77-78; Sheppard 178-179; Reynolds 170). In short, Eno was engaging with the kind of reflective practices that underpin exemplary professional journalism. He was able to encode this craft and skills into a quasi-experimental method, rather than a technological solution. Journalists and practitioners who adopt Hermida’s framework could learn much from the published accounts of Eno’s practice-based research, in the context of creative projects and collaborative teams. In particular, these detail the contexts and choices of Eno’s early ambient music recordings (Sheppard 199-200); Eno’s duels with David Bowie during ‘Sense of Doubt’ for the Heroes album (Tamm 158; Sheppard 254-255); troubled collaborations with Talking Heads and David Byrne (Reynolds 165-170; Sheppard; 338-347, 353); a curatorial, mentor role on U2’s The Unforgettable Fire (Sheppard 368-369); the ‘grand, stadium scale’ experiments of U2’s 1991-93 ZooTV tour (Sheppard 404); the Zorn-like games of Bowie’s Outside album (Eno 382-389); and the ‘generative’ artwork 77 Million Paintings (Eno 330-332; Tamm 133-135; Sheppard 278-279; Eno 435). Eno is clearly a highly flexible maker and producer. 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